CHAPTER 393

PREPAID HEALTH CARE ACT

        Part I.  Short Title; Purpose; Definitions

Section

    393-1 Short title

    393-2 Findings and purpose

    393-3 Definitions generally

    393-4 Place of performance

    393-5 Excluded services

    393-6 Principal and secondary employer defined; coercion,

          interference, etc. prohibited

    393-7 Required health care benefits

        Part II.  Mandatory Coverage

   393-11 Coverage of regular employees by group prepaid health

          care plan

   393-12 Choice of plan type and of contractor

   393-13 Liability for payment of premium; withholding;

          recovery of premium

   393-14 Commencement of coverage

   393-15 Continuation of coverage in case of inability to earn

          wages

   393-16 Liability of secondary employer

   393-17 Exemption of certain employees

   393-18 Termination of exemption

   393-19 Freedom of collective bargaining

   393-20 Adjustment of employer-sponsored plans

   393-21 Individual waivers; additional withholding for

          dependents

   393-22 Exemption of followers of certain teachings or beliefs

   393-23 Joint provision of coverage

   393-24 Noncomplying employer held liable for employee's

          health care costs

        Part III.  Administration and Enforcement

   393-31 Enforcement by the director

   393-32 Rulemaking and other powers of the director

   393-33 Penalties; injunction

   393-34 Penalties

        Part IV.  Premium Supplementation

   393-41 Establishment of premium supplementation trust fund

   393-42 Management of the fund

   393-43 Disbursements from the fund

   393-44 Investment of moneys

   393-45 Entitlement to premium supplementation

   393-46 Income directly attributable to the business

   393-47 Claim of premium supplementation

   393-48 Prepaid health care benefits to be paid from the

          premium supplementation fund; recovery of benefits

        Part V.  Termination of Chapter--Repealed

   393-51 Repealed

Cross References

  Comparable benefits under motor vehicle insurance personal injury protection benefits, see §431:10C-103.6.

  Conformance to federal law, see §431:2-201.5.

  Hawaii health insurance exchange, see chapter 435H.

  Health maintenance organization act, see chapter 432D.

  Publication of fees by prepaid health care contractors, see §386-21.5.

Law Journals and Reviews

  Implementation of Hawai‘i's Prepaid Health Care Act:  Root Cause of a Health Care Monopoly.  VII HBJ, no. 13, at 9 (2003).

Case Notes

  Employee's claims for breach of contract and fiduciary duty, alleging employer's failure to notify employee of conversion rights from group to individual health insurance policy, preempted by Employee Retirement Income Security Act of 1974.  768 F. Supp. 734 (1991).

  District court concluded, for purposes of plaintiffs' motion to remand to state court only, that:  (1) some of plaintiffs' allegations in counts II (violations of chapter 480) and III (breach of fiduciary duty) of the complaint were expressly preempted by ERISA pursuant to 29 U.S.C. §1144(a) and were not subject to the exception for this chapter, and (2) therefore, those claims were necessarily federal in nature, and defendants' removal of the action based on federal question jurisdiction was proper.  892 F. Supp. 2d 1288 (2012).